5600, Administrative Reviews

Revision 24-1; Effective Feb. 20, 2024

A person or operation may request an administrative review for a decision or action if either disagree with certain decisions or actions taken by CCR, Child Care Enforcement (CCE), or Credentialing and Registry Enforcement (CARE).

CCE is a unit within the Regulatory Enforcement (RE) department of the Regulatory Services Division (RSD). CCE is responsible for planning and conducting administrative reviews for all CCR, CCE, and CARE decisions and actions that qualify for an administrative review. CARE is a unit within the RE department responsible for making decisions about remedial actions taken against the holder of, or applicant for, an administrator’s license.

Human Resources Code Section 42.072(e)

5610 When an Individual or Operation May Request an Administrative Review

Revision 24-1; Effective Feb. 20, 2024

The following table outlines the CCR, Child Care Enforcement (CCE), and Credentialing and Registry Enforcement (CARE) decisions or actions that a person or operation is entitled to an administrative review for, and who can request to dispute the decision or action:

Decision or Action to DisputeWho Can Request a Review of the Decision or Action

Any of the following about a waiver or variance:

  • CCR denies, revokes, or amends a waiver or variance.
  • The operation disagrees with the original expiration date or original conditions associated with a waiver or variance that CCR granted.
The applicant, or an owner, partner, governing body, director, licensed administrator, or designee of the operation.
CCR cites an operation for a deficiency.The applicant, or an owner, partner, governing body, director, licensed administrator, or designee of the operation.
CCR denies a voluntary suspension request.The applicant, or an owner, partner, governing body, director, licensed administrator, or designee of the operation.
CCE imposes probation or an adverse action against an operation, subject to the limitations outlined in 26 TAC Section 745.8803(b).The applicant, or an owner, partner, governing body, director, licensed administrator, or designee of the operation.
CCE adds a probation condition to a corrective action plan.The applicant, or an owner, partner, governing body, director, licensed administrator, or designee of the operation.
CCR does not agree that an operation is exempt from HHSC regulation.The person or entity that requested the exemption.

CARE imposes a remedial action listed in 26 TAC Section 745.9031 against an: 

  • administrator’s license; or 
  • application for an administrator’s license.
The applicant for an administrator’s license or the licensed administrator.
CCE intends to designate a person as a controlling person.The person CCE intends to designate as a controlling person.
CCR determines that a person poses an immediate threat or danger to the health or safety of children.The person whom CCR determined poses an immediate threat or danger to the health or safety of children.

26 TAC Section 745.8803

5611 Explaining the Right to an Administrative Review

Revision 24-1; Effective Feb. 20, 2024

CCR staff advises the person or operation of their right to an administrative review as follows:

Ifthen
the decision or action is a CCR decision or action

CCR staff inform the subject of the decision or action that the subject: 

  • has a right to request an administrative review; and
  • may waive the subject’s right to an administrative review by submitting a written statement to CCR as indicated in 5612 Waiving the Right to an Administrative Review.
The decision or action is a CCE or Credentialing and Registry Enforcement decision or actionCCE or Credentialing and Registry Enforcement staff informs the subject of the decision or action about the subject’s right to an administrative review.

Procedure

To advise a person or operation about the right to an administrative review for a CCR decision or action, CCR staff verbally discusses the decision or action with the person or designee of the operation, and provides written notice by:

  1. leaving a printed copy of the completed CLASS form 2936 Child-Care Facility Inspection with the person in charge during the exit conference; or
  2. sending the specific notification letter in the CLASS system that is appropriate for the decision or action by mail to the person or designee of the operation.

CCR staff informs the person or designee of the operation that the request for an administrative review must:

  1. be submitted to CCE in writing, by encouraging the person or designee to use Form 2940 Request for an Administrative Review or submit the written request by letter;
  2. include the information outlined in 26 TAC Section 745.8805; and
  3. be received by CCE by 15 days after the person or operation received notice about CCR’s decision or action.

5612 Waiving the Right to an Administrative Review

Revision 24-1; Effective Feb. 20, 2024

A person or operation waives the right to an administrative review by:

  • not disputing the CCR, CCE, or Credentialing and Registry Enforcement (CARE) decision or action in the required time frame; or
  • by submitting a written statement to CCR, CCE, or CARE, as appropriate, stating the person or operation waives the right to an administrative review.

26 TAC Section 745.8805 and 745.8807

Procedure

To expedite a decision or action, the person or designee of the operation may submit a written statement to CCR, CCE, or CARE by 15 days after the person or operation received notice of the decision or action.

The person or designee may submit the written statement waiving the right to the administrative review to CCR, CCE, or CARE as follows:

IfThe Person or Designee
  • the decision or action is a CCR decision or action; and 
  • an administrative review has not been requested for the decision or action

submits the written statement to CCR staff.

After receiving the written statement, CCR staff:

  1. upload a copy of the statement to the CLASS Document Library (go to 1432 Storage of Photographs, Video, Audio, Scanned Documents and Other Digital Files in CLASS Document Library); 
  2. document a summary of the statement as a Chronology in CLASS; and
  3. update the administrative review status in CLASS as outlined in 5613 Updating the Administrative Review Status of a CCR Decision or Action in CLASS.
  • the decision or action is a CCR or CCE decision or action; and
  • an administrative review has been requested for the decision or action

emails the written statement to one of the following, depending on the operation type:

  • the decision or action is a CCE decision or action; and
  • an administrative review has not been requested for the decision or action

emails the written statement to one of the following email addresses, depending on the operation type:

the decision or action is a CARE decision or actionsubmits the written statement to the CARE point of contact noted on the relevant remedial action letter.

If the person or designee verbally notifies CCR staff that the person or designee wants to waive the right to an administrative review, CCR staff informs the person or designee that the waiver must be submitted in writing as indicated in the table above.

5613 Updating the Administrative Review Status of a CCR Decision or Action in CLASS

Revision 24-1; Effective Feb. 20, 2024

Procedure

CCR staff update the status of an administrative review in CLASS as indicated in the table below.

SituationWho Updates the Administrative Review StatusHow to Update the Status
The decision or action subject to an administrative review is a CCR decision or action, and the right to an administrative review is waived because the person or operation did not dispute the decision or action.CCRUpdate the Administrative Review dropdown in the Due Process section on the Standard Details page from Pending to Waived.
The decision or action subject to an administrative review is a CCR decision or action, and an administrative review was requested for the decision or action.CCEN/A
The decision or action subject to an administrative review is a CCE or Credentialing and Registry Enforcement (CARE) decision or action.CCE or CARE as appropriateN/A

5614 Receiving a Request for an Administrative Review

Revision 24-1; Effective Feb. 20, 2024

Procedure

If CCR staff receive a request for an administrative review, CCR staff notify CCE or CARE of the request as indicated in the table below.

If Then
the administrative review request is for a CCR or CCE decision or action

CCR staff forward the request to the following email addresses, depending on the operation type:

the administrative review request is for a CARE decision or actionCCR staff forward the request to CCRA.Enforcement@hhs.texas.gov.

26 TAC Section 745.8805

5615 When a CCR, CCE, or CARE Decision or Action Takes Effect

Revision 24-1; Effective Feb. 20, 2024

Unless the person or operation has the right to request a due process hearing to challenge the decision or action, a CCR, CCE, or Credentialing and Registry Enforcement (CARE) decision or action takes effect:

  • on the date the right to an administrative review was automatically waived;
  • on the date CCR, CCE, or CARE receives the person or designee’s written statement waiving the right to an administrative review; or
  • when CCE or CARE upholds, amends, or overturns the decision or action.

26 TAC Sections 745.8813 and 745.8815